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Donnerstag, 22. Januar 2015

Open to interpretation

Thanks to Astro fromTheMaddieCaseFiles.com we can judge for ourselves the possible outcome of the McCann vs. Amaral Damages Trial and don't have to resort to media spin instigated by the parents' team of media manipulators. BTW not ONE journalist was present...

1. Gonçalo Amaral made the statements that are attributed to him under item Z)*?

*(item Z is the Correio da Manhã interview)

Proved.

2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is € 13.80, including VAT?

It is proved that the editor set the selling price at 13,33 euro, including VAT.

3.
Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A
Verdade da Mentira” an amount that is not less than € 621.000,00?

4.
Defendant Gonçalo Amaral has earned from the sale of editions in
foreign languages of the book an amount that is not less than €
498.750,00?

(Items 3&4) It is proved that Gonçalo Amaral
earned 342.111,86 euro from the sales of the book in the years 2008 and
2009. This information is based on data from the Portuguese Revenue
Agency.

5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?

Not proved.

6. The DVD has a cover price of € 6,00?

Proved that it was sold for 6,95 euro with newspaper Correio daManhã.

7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?

Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.

8.
The DVD that is mentioned under AN) has been edited and the edited
copies have been sold by defendant “V.C. – Valentim de Carvalho –
Filmes, Audiovisuais, S.A.”?

Proved.

9. Defendant “V.C. –
Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the
DVD, in an English version, available for immediate delivery via
internet order?

Not proved.

10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13.4.2009?

Proved.

11. Because of the statements made by
defendant Gonçalo Amaral in the book, in the documentary and in the
interview to Correio da Manhã, the Polícia Judiciária stopped collecting
information and investigating the disappearance of Madeleine MacCann?

Not proved.

12.
Because of the statements made by defendant Gonçalo Amaral in the book,
in the documentary and in the interview to Correio da Manhã, authors
Kate MacCann and Gerald MacCann are completely destroyed, from a moral,
social, ethical, sentimental, family point of view, much beyond the pain
that their daughter’s absence causes them?

Not proved.

13.
Because of the statements made by defendant Gonçalo Amaral in the book,
in the documentary and in the interview to Correio da Manhã, authors
Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack
of appetite, anxiety and irritability, preoccupation and indefinable
fear?

Proved.

The judge adds that this psychological state
is pre-existent to the book, the documentary and the interview and was
not caused by the book. Nonetheless, it cannot be reasonable to believe
that the book, the documentary and the interview had no effect on the
couple, i.e. It had an effect but that is perfectly normal.

14.
Authors Kate MacCann and Gerald MacCann feel a deep shame and an
indescribable ill-being because they are considered, by most people who
know the theories of defendant Gonçalo Amaral, as having responsibility
in the death of their daughter, being so cowardly that they have hidden
her cadaver, simulating abduction, all of this to avoid criminal
accusations?

Proved that the couple felt badly about being
considered responsible over the hiding of their daughter's body and
simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
The
judge once more believes it is expectable that the plaintiffs would
feel badly about being considered to be responsible for hiding the body
and staging an abduction - not, the judge stresses, about being
responsible for their daughter's death, as is commonly, and mistakenly,
believed.

15. Authors Kate MacCann and Gerald MacCann live under
enormous daily pressure due to the need to keep their younger children
away from the knowledge of defendant Gonçalo Amaral’s opinions about
their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.

16.
Namely because of defendant Gonçalo Amaral’s statements in the book, in
the documentary and in the interview to Correio da Manhã, author Kate
MacCann is immerged in a deep and serious depression, which has already
made her state publicly “I wish I was in a coma, to relieve the pain”?

Not proved.

17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.

18. 63.369 copies of the DVD were not sold, having been destroyed afterwards?

Proved.

19. Defendant Gonçalo Amaral has gone into retirement from the Polícia Judiciária on 1.6.2008?

Proved that he retired on July 1st, 2008.

20.
On 22.6.2008, the Attorney General’s Office published a note for the
media, announcing the archiving of the inquiry, awaiting better
evidence?

It is proved that such a note was issued on the 21st of
July of 2008, the note also informed that the case could be reopened if
new evidence appeared and prompted relevant diligences.

21. The criminal inquiry was reopened due to the appearance of new evidence?

Not proved.

22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?

Not proved.

23.
The sale of the books was made on consignment, being subject to
devolution for various reasons, like handling, manufacturing defects or
their non-transaction?

Proved that the book was partly sold on consignment, and partly firmly sold with a right to return for various motives.

24.
The so-called “Maddie Case” has been profoundly treated within the
Portuguese and foreign society, whether by the media, or through books,
like those authored by Paulo Pereira Cristóvão, Manuel Catarino and
Hernâni Carvalho?

Proved.

25. The so-called “Maddie Case”
was commented upon by Dr. Francisco Moita Flores, former inspector,
writer, criminalist and commentator, in various media?

30.
Has defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”
ceded the rights to sell, distribute, exhibit and broadcast all of the
cinematographic and audiovisual work that it creates, develops and
produces to the firm “Valentim de Carvalho Multimédia, S.A.”?

Proved
that VC Filmes agreed to give VC Multimedia the rights to sell and
distribute several works that were to be produced within 5 years.

31. Until today, has the documentary been
reproduced only once to be edited, published and sold in Portugal under
video format, in this case a DVD?

Proved.

32. The
reproduction and edition of the documentary in video format have been
authorised by “Valentim de Carvalho Multimédia, S.A.” to firm
“Presslivre, Imprensa Livre, S.A.”, the owner of the Correio da Manhã
newspaper, according to a contract between both?

Proved.

33.
Under which [contract], the DVD, its covers and packages would be, as
they were, manufactured on behalf of, under order of and under the
responsibility of Presslivre, in order to be distributed and sold
together with newspaper Correio da Manhã?

Proved.

34. And
the entire process of registering and classifying the video edition
(DVD) of the documentary with ICAG would be, as it was, developed by
Valentim de Carvalho Multimédia, a process whose cost would be carried
by Presslivre, as it did?

Proved.

35. The distribution for
sale took place in conjunction with the distribution for sale of the
newspaper Correio da Manhã’s edition of April 24, 2009?

It is proved only that the documentary was distributed for sale with the newspaper.

36.
The documentary was reproduced, and even subtitled in the English
language, by third parties that published it on the internet, without
permission and against the will of the defendant “V.C. – Valentim de
Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

37. That
illicit diffusion damages not only the rights that are held by defendant
“V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” over the
documentary, but also its commercial exploration, because any citizen
can watch the documentary, also only one “click” away?

Kommentare:

I'll stick my non legal neck out and say.It appears to me that most of the crucial fundamental points have not been proved... 11, 12, 16, which relate to the alleged negative effects on the McCanns.13 and particularly 14 are interesting. The Judges comments appear to somewhat negate the proofs??